Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4355

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

FIFTY-FIRST DAY

 

Saint Paul, Minnesota, Tuesday, May 7, 2013

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.

 

      Prayer was offered by Sharon Day, Indigenous People's Task Force, Minneapolis, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Atkins was excused until 5:05 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4356

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

H. F. No. 863, A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; providing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 27, 28, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 2, 3; 10A.20, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 10A.241; 10A.25, subdivisions 2, 2a, 3; 10A.257, subdivision 1; 10A.27, subdivisions 1, 10, 11, 13, 14, 15; 10A.323; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

H. F. No. 1054, A bill for an act relating to marriage; providing for marriage between two persons; providing for exemptions based on religious association; amending Minnesota Statutes 2012, sections 363A.26; 517.01; 517.03, subdivision 1; 517.08, subdivision 1a; 517.09; 518.07; proposing coding for new law in Minnesota Statutes, chapter 517.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

S. F. No. 1234, A bill for an act relating to workers' compensation; making various policy and housekeeping changes; adopting advisory council recommendations; requiring a report; amending Minnesota Statutes 2012, sections 176.011, subdivisions 15, 16; 176.081, subdivisions 1, 7; 176.101, subdivision 1; 176.102, subdivisions 3a, 5, 10; 176.106, subdivisions 1, 3; 176.129, subdivision 13; 176.136, subdivision 1b; 176.138; 176.183, subdivision 4; 176.245; 176.521; 176.645; 176.83, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 7, line 24, after "action" insert a comma

 

Page 9, line 16, after "action" insert a comma

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4357

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 863 and 1054 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 1234 was read for the second time.

 

 

      Murphy, E., moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      Abeler was excused for the remainder of today's session.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 740 was reported to the House.

 

 

Johnson, C., moved to amend H. F. No. 740, the second engrossment, as follows:

 

Page 8, after line 8, insert:

 

"Sec. 6.  Laws 1989, chapter 136, section 1, is amended to read:

 

Section 1.  CONVEYANCE OF ST. PETER STATE HOSPITAL PROPERTY TO LEO A. HOFFMANN CENTER, INC.

 

(a) Notwithstanding Minnesota Statutes, sections 16B.24 and 94.09 to 94.16, the commissioner of administration may convey the land described in this section without consideration to Leo A. Hoffmann Center, Inc. of St. Peter, Minnesota.

 

(b) The conveyance must be conditioned that the real property, including buildings and other improvements, reverts to the state if the property is not used as a nonprofit treatment facility.  The conveyance must be in a form approved by the attorney general.

 

(c) The land that may be conveyed is vacant property without buildings on the grounds of the St. Peter Regional Treatment Center containing 10.43 acres, more or less, in Nicollet County, Minnesota, described as:


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4358

That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 110 North, Range 26 West, Nicollet County, Minnesota, described as:

 

Commencing at the North Quarter Corner of Section 29; thence South 89 degrees 54 minutes 24 seconds East (assumed bearing) along the North line of Section 29, a distance of 83.41 feet; thence South 00 degrees 34 minutes 17 seconds East on a line parallel to the centerline of Minnesota trunk highway marked No. 333 (Sheppard Drive), a distance of 107.33 feet to the South right-of-way of Minnesota trunk highway marked No. 99, also being the point of beginning; thence continuing South 00 degrees 34 minutes 17 seconds East, 600.00 feet; thence North 89 degrees 25 minutes 43 seconds East, 800.00 feet; thence North 00 degrees 34 minutes 17 seconds West, 427.95 feet to the southerly right-of-way line of Minnesota trunk highway marked No. 99; thence North 88 degrees 59 minutes 48 seconds West along the southerly right-of-way line of Minnesota trunk highway marked No. 99 a distance of 419.28 feet; thence North 01 degrees 00 minutes 12 seconds East along said right-of-way line 150.00 feet; thence North 88 degrees 59 minutes 48 seconds West along said right-of-way line 385.15 feet to the point of beginning.

 

(d) The property to be conveyed is surplus property of the St. Peter Regional Treatment Center and is not needed for state use.  The property is needed by Leo A. Hoffmann Center, Inc. to construct a residential treatment facility.  The property is adjacent to property presently used by Leo A. Hoffmann Center, Inc. under a lease agreement with the St. Peter Regional Treatment Center and the best interests of the state of Minnesota and of the Leo A. Hoffmann Center, Inc. would be served by continuing and expanding the present relationship between the state and Leo A. Hoffmann Center, Inc. by conveying the property.

 

(e) All construction plans and specifications for the residential treatment facility to be built on the site must be submitted to the commissioner of administration for review and approval.

 

(f) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.283, the Leo A. Hoffmann Center, Inc. may request the commissioner of administration to release the condition under paragraph (b) that the real property, including buildings and other improvements, reverts to the state if the property is not used as a nonprofit treatment facility.  The state shall release the condition only upon payment of the appraised value of the land, plus any appraisal or other costs incurred by the state to process the requested sale, as determined by the commissioner of administration at the time of the sale of the property.  The commissioner of administration may add conditions to the sale of the property deemed to be in the interest of the state.  Upon receipt of full payment of the sale price, the commissioner of administration shall issue a quit claim deed for the property to the Leo A. Hoffmann Center, Inc., releasing the reverter condition.  The money received from the sale shall be disposed of according to Minnesota Statutes, section 16B.287."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Drazkowski, Kelly, McNamara and Erickson, R., moved to amend H. F. No. 740, the second engrossment, as amended, as follows:

 

Page 17, after line 11, insert:

 

"Sec. 20.  PRIVATE SALE OF SURPLUS STATE LAND; GOODHUE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4359

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Goodhue County and is described as:  That part of the Southwest Quarter of the Northeast Quarter of Section 36, Township 112 North, Range 15 West, Goodhue County, Minnesota described as follows:  commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence West along the north line thereof a distance of 121.00 feet; thence South parallel with the east line of said Southwest Quarter of the Northeast Quarter a distance of 469.00 feet to the point of beginning of the land to be described; thence deflecting 74 degrees 05 minutes 35 seconds left a distance of 125.82 feet to a point on the east line of said Southwest Quarter of the Northeast Quarter; thence South along said east line of the Southwest Quarter of the Northeast Quarter a distance of 34.35 feet; thence deflecting 68 degrees 41 minutes 35 seconds right a distance of 192.41 feet; thence deflecting 21 degrees 34 minutes 56 seconds right, parallel with the north line of said Southwest Quarter of the Northeast Quarter, a distance of 274.27 feet; thence deflecting 17 degrees 18 minutes 00 seconds left a distance of 156.54 feet; thence deflecting 35 degrees 54 minutes 26 seconds right a distance of 343.33 feet to the southwest corner of the East 928.00 feet of the North 545.00 feet of said Southwest Quarter of the Northeast Quarter; thence East along the south line of the North 545.00 feet of said Southwest Quarter of the Northeast Quarter a distance of 807.00 feet to the east line of the West 7.00 feet of the East 128.00 feet of the North 545.00 feet of said Southwest Quarter of the Northeast Quarter; thence North, parallel with the east line of said Southwest Quarter of the Northeast Quarter, a distance of 76.00 feet to the point of beginning, containing 1.38 acres, more or less.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to an adjacent landowner."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      The Speaker called Simon to the Chair.

 

 

McNamara, O'Driscoll and Erickson, R., moved to amend H. F. No. 740, the second engrossment, as amended, as follows:

 

Page 25, after line 6, insert:

 

"Sec. 31.  EXCHANGE OF STATE LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 92.461, and the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, the commissioner of natural resources may, with the approval of the Land Exchange Board, as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4360

(c) The state lands that may be conveyed are located in St. Louis County and are described as:

 

(1) Section 6, Township 54, Range 17;

 

(2) Sections 1, 2, 11, and 12, Township 54, Range 18;

 

(3) Sections 7, 8, 9, 10, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, and 33, Township 55, Range 17;

 

(4) Sections 1, 2, 3, 10, 11, 12, 13, 15, 22, 24, 25, 27, and 36, Township 55, Range 18; and

 

(5) Sections 25, 26, 34, and 36, Township 56, Range 18.

 

(d) Prior to initiating a land exchange pursuant to Minnesota Statutes, section 94.343, the commissioner of natural resources shall consult with the Legislative Permanent School Fund Commission to obtain its advice on the proposed priority lands for exchange."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the McNamara et al amendment and the roll was called.  There were 78 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Faust

Fischer

FitzSimmons

Franson

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

Masin

McDonald

McNamara

Myhra

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Poppe

Pugh

Quam

Runbeck

Sanders

Sawatzky

Schomacker

Scott

Selcer

Slocum

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Ward, J.E.

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Falk

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Paymar

Persell

Radinovich

Rosenthal

Savick

Schoen

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Winkler

Yarusso


 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4361

           Hoppe was excused between the hours of 1:50 p.m. and 7:05 p.m.

 

 

      H. F. No. 740, A bill for an act relating to state lands; modifying landowners' bill of rights; modifying land acquisition account; providing for school forests; providing for sale of certain tax-forfeited land within Fond du Lac Indian Reservation; adding to and deleting from state parks and forests; authorizing certain exchanges and sales of state lands; amending Minnesota Statutes 2012, sections 84.0274, subdivision 6; 89.41; 94.165; 282.01, subdivisions 1a, 1d; Laws 1989, chapter 136, section 1.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 113 yeas and 17 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Brynaert

Carlson

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hertaus

Hilstrom

Holberg

Hortman

Howe

Huntley

Johnson, B.

Johnson, C.

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Metsa

Moran

Morgan

Murphy, E.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Bly

Clark

Davnie

Dehn, R.

Hansen

Hausman

Hornstein

Isaacson

Johnson, S.

Kahn

Loeffler

Melin

Mullery

Murphy, M.

Paymar

Wagenius

Ward, J.A.


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      H. F. No. 542, A bill for an act relating to state government; establishing expectations for classified employees as nonpartisan resources to all decision makers; providing additional whistleblower protection to state employees; amending Minnesota Statutes 2012, section 181.932, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

 

      The bill was read for the third time and placed upon its final passage.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4362

           The question was taken on the passage of the bill and the roll was called.  There were 79 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Torkelson

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Daudt

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Hackbarth

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Urdahl

Wills

Woodard

Zellers

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 80 was reported to the House.

 

 

Hilstrom moved to amend H. F. No. 80, the first engrossment, as follows:

 

Page 1, line 6, delete the first "an" and insert "a conciliation court or district court"

 

Page 2, line 2, delete everything after "or"

 

Page 2, line 3, delete everything before "in" and before the semicolon, insert ", proof that the party seeking the judgment used reasonable efforts to provide the court with the correct address for the debtor"

 

Page 2, line 5, delete everything after "cases" and insert a period

 

Page 2, delete line 6

 

Page 2, line 7, after "to" insert "requests, applications, and"

 

Page 2, line 8, before "filed" insert "and conciliation court cases"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4363

           H. F. No. 80, A bill for an act relating to judgments; regulating assigned consumer debt default judgments; proposing coding for new law in Minnesota Statutes, chapter 548.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 748, A bill for an act relating to commerce; regulating preneed funeral insurance; amending Minnesota Statutes 2012, sections 61A.258, by adding a subdivision; 72A.207.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4364

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      Persell moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Simon.

 

 

      Lohmer was excused between the hours of 4:30 p.m. and 6:50 p.m.

 

      Franson was excused between the hours of 4:30 p.m. and 7:45 p.m.

 

 

CALENDAR FOR THE DAY, Continued

 

 

      H. F. No. 956 was reported to the House.

 

 

Hortman moved to amend H. F. No. 956, the third engrossment, as follows:

 

Page 4, delete lines 1 to 3 and insert "of financing or owning distributed generation equipment located on a customer's property, provided that all of the electricity produced by the generating equipment is delivered or sold to the utility that serves the customer."

 

Page 14, delete section 14

 

Page 27, delete section 31


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4365

Page 29, delete section 33

 

Page 38, line 10, after "commissioner" insert ", in consultation with Minnesota electric utilities and transmission companies,"

 

Page 38, line 29, delete "December 1, 2013" and insert "November 1, 2014"

 

Page 39, delete section 45

 

Page 41, line 3, delete "50" and insert "46"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hortman moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 12, line 8, after the period, insert "To qualify for aggregation under this subdivision, a meter must be owned by the customer requesting the aggregation, must be located on contiguous property owned by the customer requesting the aggregation, and the total capacity of all qualifying facilities attached to a customer's aggregated meters must not exceed the maximum capacity of qualifying facilities eligible to be governed under this section."

 

Page 12, line 32, delete "prohibited"

 

Page 12, line 33, delete "is prohibited from limiting" and insert "may limit"

 

Page 12, line 34, delete everything after "3" and insert a period

 

Page 13, delete lines 1 to 3 and insert "A public utility may request the commission to limit the cumulative generation of qualifying facilities under subdivision 3 upon a showing that such generation has reached three percent of the public utility's annual retail electricity sales."

 

Page 13, line 4, delete everything before "The"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Benson, J., moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 40, after line 16, insert:

 

"Sec. 48.  TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED AND EVIDENCE REQUIRED.

 

(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed to be located within a city in the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, for which a route permit application was filed between June 2011 and August 2011, and a certificate of need application was filed between June 2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission with a high-voltage transmission line to meet local area distribution needs, must be approved in a certificate of need proceeding conducted under Minnesota Statutes, section 216B.243.  The certificate of need may be approved only if the commission finds by clear and convincing evidence that there is no feasible, cost-effective, and available distribution level alternative to the transmission line.  


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4366

(b) Further proceedings regarding the routing of a high-voltage transmission line described in this section shall be suspended until the Public Utilities Commission has made a determination that the transmission line is needed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to route permits and certificate of need applications pending on or after that date."

 

Page 41, line 3, before "Sections" insert "Unless otherwise specified,"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 14, delete section 15

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 15, line 4, delete "must" and insert "may"

 

Page 15, line 5, delete everything after the period

 

Page 15, delete lines 6 to 9

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Quam amendment and the roll was called.  There were 57 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4367

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 24, line 31, delete "2.0" and insert "1.0"

 

Page 24, line 32, delete "4.0" and insert "2.0"

 

Page 25, line 1, delete "ten" and insert "five"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Quam amendment and the roll was called.  There were 0 yeas and 129 nays as follows:

 

      Those who voted in the negative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4368

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Swedzinski moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 31, line 20, delete "and"

 

Page 31, line 25, before the period, insert:

 

";

 

(4) whose cost of material inputs that originate or are manufactured in Minnesota represent at least 51 percent of the solar photovoltaic modules' total cost of materials; and

 

(5) whose value added from manufacturing in Minnesota represents at least 51 percent of the sum of the value added from manufacturing in Minnesota plus the value added from the manufacture of all of the material inputs to the solar photovoltaic modules manufactured outside Minnesota.

 

For the purposes of this section, "value added" means the value of products shipped minus the cost of materials, supplies, containers, and purchased energy"

 

 

      A roll call was requested and properly seconded.

 

 

Garofalo moved to amend the Swedzinski amendment to H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 1, after line 12, insert:

 

"Page 33, line 15, before the period, insert ", or if the commissioner determines that, during the manufacturing process, lead, cadmium, nitrogen trifluoride or other hazardous substance or hazardous waste defined in section 115B.02, subdivisions 9 or 10, are released to the environment""

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 58 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4369

Gruenhagen

Gunther

Hackbarth

Hamilton

Hansen

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment to the amendment was not adopted.

 

 

Garofalo moved to amend the Swedzinski amendment to H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 1, after line 12, insert:

 

"Page 36, after line 16, insert: 

 

"Subd. 7.  Suspension of payment.  No incentive payment may be made to the owner of a solar photovoltaic device under this section if it increases electricity rates to the ratepayers of the utility to which the solar photovoltaic device is interconnected.""

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 59 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas



Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4370

           Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment to the amendment was not adopted.

 

 

      The question recurred on the Swedzinski amendment and the roll was called.  There were 58 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hansen

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 30, line 21, after "section" insert ", not to exceed the average wholesale rate"


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4371

Page 30, delete lines 22 to 29

 

Page 31, line 2, after "system" insert ", not to exceed the average wholesale rate,"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Quam amendment and the roll was called.  There were 56 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dean, M.

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 23, delete section 21

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4372

           The question was taken on the Quam amendment and the roll was called.  There were 58 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, R.

Erickson, S.

Fabian

Faust

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Falk

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 22, line 16, strike "with a capacity of less than 100 megawatts"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Quam amendment and the roll was called.  There were 57 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, R.

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Loon

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Wills

Woodard

Zellers

Zerwas



Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4373

           Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Mahoney was excused between the hours of 6:40 p.m. and 10:30 p.m.

 

 

CALL OF THE HOUSE

 

      On the motion of Daudt and on the demand of 10 members, a call of the House was ordered.  The following members answered to their names:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas


 

      Garofalo moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees.  The motion prevailed and it was so ordered.

 

 

      Gruenhagen moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 24, after line 4, insert:


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4374

"Sec. 22.  Minnesota Statutes 2012, section 216B.1691, subdivision 2b, is amended to read:

 

Subd. 2b.  Modification or delay of standard.  (a) The commission, for a public utility, and the governing body, for a cooperative association or municipal utility, shall modify or delay the implementation of a standard obligation, in whole or in part, if the commission or governing body determines it is in the public interest to do so.  The commission or governing body, when requested to modify or delay implementation of a standard, must consider:

 

(1) the impact of implementing the standard on its customers' utility costs, including the economic and competitive pressure on the utility's customers;

 

(2) the effects of implementing the standard on the reliability of the electric system;

 

(3) technical advances or technical concerns;

 

(4) delays in acquiring sites or routes due to rejection or delays of necessary siting or other permitting approvals;

 

(5) delays, cancellations, or nondelivery of necessary equipment for construction or commercial operation of an eligible energy technology facility;

 

(6) transmission constraints preventing delivery of service; and

 

(7) other statutory obligations imposed on the commission or a utility.

 

The commission or governing body may modify or delay implementation of a standard obligation under clauses (1) to (3) only if it finds implementation would cause significant rate impact, requires significant measures to address reliability, or raises significant technical issues.  The commission or governing body may modify or delay implementation of a standard obligation under clauses (4) to (6) only if it finds that the circumstances described in those clauses were due to circumstances beyond an electric utility's control and make compliance not feasible.

 

(b) When considering whether to delay or modify implementation of a standard obligation, the commission or governing body must give due consideration to a preference for electric generation through use of eligible energy technology and to the achievement of the standards set by this section.

 

(c) An electric utility requesting a modification or delay in the implementation of a standard must file a plan to comply with its standard obligation in the same proceeding that it is requesting the delay.

 

(d) For the purposes of this section, "governing body" means:

 

(1) for a municipal electric utility, the city council of that municipality, or another body empowered by law or resolution of the city council or by its charter to establish and regulate rates for the distribution of electric energy within the service area of the city; or

 

(2) for an electric cooperative association, the board that governs the association."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4375

           The question was taken on the Gruenhagen amendment and the roll was called.

 

      Murphy, E., moved that those not voting be excused from voting.  The motion prevailed.

 

      There were 61 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Drazkowski

Erickson, R.

Erickson, S.

Fabian

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Poppe

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dorholt

Erhardt

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Persell

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Thissen was excused between the hours of 7:05 p.m. and 7:50 p.m.

 

 

Scott moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 24, after line 3, insert:

 

"(d) The standards under this subdivision and subdivision 2f are suspended until the legislature determines that a cost-effective and reliable technology exists to store energy generated from intermittent renewable energy sources in order to minimize the increased costs and inefficiencies resulting from the intermittent nature of wind and solar energy resources."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4376

           The question was taken on the Scott amendment and the roll was called.

 

      Murphy, E., moved that those not voting be excused from voting.  The motion prevailed.

 

      There were 57 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

CALL OF THE HOUSE LIFTED

 

      Murphy, E., moved that the call of the House be lifted.  The motion prevailed and it was so ordered.

 

 

Scott moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 24, after line 3, insert:

 

"(d) A utility is not required to meet a standard by the date indicated under this subdivision or subdivision 2f if, by the date by which the standard is to be met:

 

(1) additional electricity is not needed to meet aggregate demand in the utility's Minnesota service area;

 

(2) no generation facility owned by the utility that supplies electricity to the utility's Minnesota service area and is generated by a technology other than an eligible energy technology is scheduled to be retired; or

 

(3) no contract to purchase energy generated by a technology other than an eligible energy technology that supplies electricity to the utility's Minnesota service area is scheduled to be terminated."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4377

           The question was taken on the Scott amendment and the roll was called.  There were 57 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Beard moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 1, delete section 1

 

Page 2, delete section 2

 

Page 3, delete section 3

 

Page 4, delete sections 4 and 5

 

Page 9, delete section 8

 

Page 10, delete section 9

 

Page 11, delete section 10

 

Page 12, delete sections 11 and 12

 

Page 13, delete section 13


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4378

Page 14, delete sections 14 and 15

 

Page 17, delete section 16

 

Page 18, delete section 17

 

Page 20, delete section 18

 

Page 21, delete section 19

 

Page 22, delete section 20

 

Page 23, delete section 21

 

Page 24, delete sections 22 and 23

 

Page 26, delete section 29

 

Page 27, delete section 31

 

Page 28, delete section 32

 

Page 29, delete sections 33 and 34

 

Page 31, delete sections 35 and 36

 

Page 32, delete section 37

 

Page 33, delete section 38

 

Page 34, delete section 39

 

Page 36, delete sections 40 and 41

 

Page 37, delete section 43

 

Page 38, delete section 44

 

Page 39, delete sections 45 and 46

 

Page 40, delete sections 47 to 49

 

Page 41, line 3, delete "50" and insert "10"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4379

           The question was taken on the Beard amendment and the roll was called.  There were 60 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, R.

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Garofalo moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 10, delete section 9

 

Page 11, delete section 10

 

Page 13, delete section 13

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4380

           The question was taken on the Garofalo amendment and the roll was called.  There were 60 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, R.

Erickson, S.

Fabian

FitzSimmons

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Gruenhagen moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 11, line 3, before the period, insert ", except as provided in subdivision (e)"

 

Page 11, after line 14, insert:

 

"(e) A qualifying facility interconnected with a cooperative association or a municipal utility providing electric service that is located outside of a metropolitan county, as defined in section 473.121, may not be paid more than the interconnecting utility's wholesale cost of electricity for net input of electricity to the utility's system, or, for a cooperative association or municipal utility that generates electricity, the utility's marginal cost of generation."

 

 

      A roll call was requested and properly seconded.

 

 

Gruenhagen moved to amend his amendment to H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 1, line 6, delete "wholesale cost of" and insert "avoided cost rate under paragraph (b) or subdivision 4, paragraph (b), as applicable."

 

Page 1, delete lines 7 and 8

 

 

      The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4381

           The question recurred on the Gruenhagen amendment, as amended, and the roll was called.  There were 55 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Leidiger

Lohmer

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Savick

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erickson, R.

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso


 

 

      The motion did not prevail and the amendment, as amended, was not adopted.

 

 

      The Speaker resumed the Chair.

 

 

Peppin moved to amend H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 29, after line 3, insert:

 

"Sec. 33.  Minnesota Statutes 2012, section 216B.243, subdivision 3b, is amended to read:

 

Subd. 3b.  Nuclear power plant; new construction prohibited; relicensing.  (a) The commission may not issue a certificate of need for the construction of a new nuclear-powered electric generating plant.

 

(b) Any certificate of need for additional storage of spent nuclear fuel for a facility seeking a license extension shall address the impacts of continued operations over the period for which approval is sought.

 

EFFECTIVE DATE.  This section is effective upon the commencement of operations to transport spent nuclear fuel from commercial nuclear electric generating plants to a federal repository for permanent storage."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4382

Kahn moved to amend the Peppin amendment to H. F. No. 956, the third engrossment, as amended, as follows:

 

Page 1, before line 2, insert:

 

"Page 26, after line 18, insert:

 

"Sec. 29.  [216B.1696] NUCLEAR POWER PLANT; COST RECOVERY.

 

(a) The commission may not allow any of the following costs attributable to the construction of a nuclear generating plant begun after July 1, 2013, to be recovered from Minnesota ratepayers until the plant begins operating at a monthly load capacity factor of at least 85 percent:

 

(1) planning, design, safety, environmental, or engineering studies undertaken prior to construction; or

 

(2) the costs of obtaining regulatory approval, including permits, licenses and any other approval required prior to construction from federal, state and local authorities.

 

(b) The commission may not allow any of the following costs attributable to the construction of a nuclear generating plant begun after July 1, 2013, to be recovered from Minnesota ratepayers:

 

(1) any construction costs exceeding the projected construction cost of the generating plant and any ancillary facility constructed by the utility to temporarily or permanently store nuclear waste generated by the plant, as identified in the utility's certificate of need application submitted under section 216B.243;

 

(2) the costs of insuring the plant against accidents that exceed the cost of insurance for a fossil fuel plant of equivalent capacity; or

 

(3) contributions from the plant to provide and maintain local fire protection and emergency services to the plant in case of an accident.

 

(c) Except for regulatory costs of state agencies, no revenues from taxes or fees imposed by the state of Minnesota may be used to pay for any portion of the preconstruction, construction, maintenance, or operating costs of a nuclear generating plant, or to assume any financial risk associated with an accidental release of radioactivity from the generating plant or an ancillary facility constructed by the utility that owns the generating plant to temporarily or permanently store nuclear waste generated by the plant.

 

(d) A utility may recover from ratepayers costs incurred to research the following issues regarding future construction of a nuclear-powered electric generating plant:

 

(1) innovative plant designs and nuclear technologies;

 

(2) improved safety and integrity of back-up fuel systems to operate a plant in the event that routine electrical service is interrupted;

 

(3) construction and plant design methods to protect a plant against weather-related or other natural phenomena, including earthquakes, tornadoes and floods;

 

(4) construction and plant design methods and internal security measures to protect a plant against incidents of terrorism;

 

(5) innovative technologies that reduce the amount or toxicity of radioactive waste produced by a plant;


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4383

(6) innovative technologies for storing nuclear waste on site that reduce the risk of environmental exposure to radiation;

 

(7) improved systems to monitor the release of radioactivity outside the plant;

 

(8) improved emergency preparedness planning to evacuate plant workers and residents of communities surrounding a plant in the event of an accident;

 

(9) the impacts of financing, constructing, and operating a plant on ratepayers and the utility; and

 

(10) innovative financing mechanisms that minimize financial risks to ratepayers and taxpayers.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.""

 

Page 1, after line 13, insert:

 

"Sec. 34.  [216B.2442] NUCLEAR POWER PLANT; FILTERED VENTING SYSTEM.

 

The public utility that owns a nuclear electric generating plant in this state must, by December 31, 2014, install commercially available engineered filtered containment venting systems at each nuclear electric generating unit in this state with Mark I or Mark II containments.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 1, line 8, before "Any" insert "(a)"

 

Page 1, after line 10, insert:

 

"(b) The commission may not issue a certificate of need for additional storage of spent nuclear fuel from a nuclear electric generating plant that has operated for 60 years and receives a license extension authorizing it to continue operating."

 

Page 1, after line 13, insert:

 

"Page 37, after line 10, insert:

 

"Sec. 43.  REPORT.

 

(a) By January 1, 2014, the Division of Homeland Security and Emergency Management in the Department of Public Safety shall submit a report to the chairs and ranking minority members of the senate and house committees with primary jurisdiction over energy policy and the commissioner of public safety on nuclear emergency planning that:

 

(1) obtains information from households located outside the ten-mile emergency planning zone but within a 25-mile or greater radius of a nuclear electric generating plant as to the level of public awareness regarding the location of evacuation routes and relocation centers in the event of a nuclear accident, the proportion of this population likely to evacuate in the event of a nuclear accident, and the routes evacuees would take;

 

(2) analyzes how the information obtained in clause (1) would affect evacuation routes and times from the emergency planning zone; and


Journal of the House - 51st Day - Tuesday, May 7, 2013 - Top of Page 4384

(3) outlines a process to share this information with state and local agencies managing nuclear emergency preparedness efforts and to ensure that those agencies incorporate this information into state and local emergency preparedness plans and revise them accordingly.

 

(b) The costs of the report required under this section shall be assessed by the Department of Public Safety to the public utility that owns a nuclear electric generating plant in this state.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.""

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 63 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mariani

Marquart

Masin

McNamar

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Newton

Paymar

Persell

Petersburg

Radinovich

Rosenthal

Savick

Schoen

Selcer

Simon

Slocum

Sundin

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright